Scrutiny of Bills Alert Digest No. 18 of 1999
24 November 1999
ISSN 1329-668X
Members of the Committee
Senator B Cooney (Chairman)
Senator W Crane (Deputy Chairman)
Senator T Crossin
Senator J Ferris
Senator B Mason
Senator A Murray
Terms of Reference
Extract from Standing Order 24
(1)
(a) At the commencement of each parliament, a Standing Committee for
the Scrutiny of Bills shall be appointed to report, in respect of the
clauses of bills introduced into the Senate, and in respect of Acts
of the Parliament, whether such bills or Acts, by express words or otherwise:
(i) trespass unduly on personal rights and liberties;
(ii) make rights, liberties or obligations unduly dependent upon
insufficiently defined administrative powers;
(iii) make rights, liberties or obligations unduly dependent upon
non-reviewable decisions;
(iv) inappropriately delegate legislative powers; or
(v) insufficiently subject the exercise of legislative power to parliamentary
scrutiny.
(b) The committee, for the purpose of reporting upon the clauses of
a bill when the bill has been introduced into the Senate, may consider
any proposed law or other document or information available to it, notwithstanding
that such proposed law, document or information has not been presented
to the Senate.
TABLE OF CONTENTS
A New Tax System (Indirect Tax and Consequential Amendments)
Bill (No. 2) 1999 |
Customs Amendment (Anti-Radioactive Waste Storage Dump)
1999 |
Customs Tariff Amendment (Tradex) Bill 1999 [No. 2] |
Defence (Re-establishment) Amendment Bill 1999 |
New Business Tax System (Capital Allowances) Bill 1999
|
New Business Tax System (Former Subsidiary Tax Imposition)
Bill 1999 |
New Business Tax System (Income Tax Rates) Bill (No. 1)
1999 |
New Business Tax System (Integrity and Other Measures)
Bill 1999 |
A New Tax System (Indirect Tax and Consequential Amendments) Bill
(No. 2) 1999
This bill was introduced into the House of Representatives on 21 October
1999 by the Parliamentary Secretary to the Minister for Finance and Administration.
[Portfolio responsibility: Treasury]
The bill proposes to amend the following Acts:
A New Tax System (Goods and Services Tax) Act 1999, the A New
Tax System (Luxury Car Tax) Act 1999 and the A New Tax System (Wine
Equalisation Tax) Act 1999 to:
- make a minor technical amendment in relation to GST-free supplies;
- ensure that payments made to local government bodies that are specifically
covered by an appropriation are not subject to GST;
- ensure the obligation to issue an adjustment note arises only if a
tax invoice has been issued or requested in relation to the supply that
is the subject of the adjustment;
- ensure that a member exiting a GST group will become responsible for
adjustments relating to transactions made to entities outside the group
during the time the entity was a member of the GST group and that the
group's representative member will not be responsible for these adjustments;
- amend the provisions relating to second-hand goods;
- ensure that certain telecommunications services that are used or enjoyed
in Australia, are subject to GST;
- provide consistency with other provisions in the GST Act in relation
to the transport component of the value of a taxable importation for
goods that were exported from Australia for repair or renovation;
- permit, but not require, a government entity to register for GST and
allow registered government entities to group with other registered
government entities;
- clarify that the adjustment period when disposal, loss or destruction
occurs in the same year as that in which the acquisition or importation
is made is the period ending 30 June in that year; and
- ensure that certain applications to one's own use of wine are not
taxable;
A New Tax System (Goods and Services Tax) Act 1999 and the A
New Tax System (Goods and Services Tax Transition) Act 1999 to:
- ensure that State stamp duties on insurance premiums are not subject
to GST;
- allow prescribed statutory compensation schemes to be brought within
the operation of Division 78;
- allow certain government insurance schemes to be excluded from Division
78 through regulation;
- amend the workers' compensation and CTP insurance provisions to reduce
compliance costs that would otherwise arise; and
- deny input tax credits on premiums paid for CTP insurance that ensure
no GST is payable on any related settlements, for the first 3 years
of the GST;
A New Tax System (Goods and Services Tax Transition) Act 1999 to:
- ensure that long term leases entered into between 2 December 1998
and 1 July 2000 are not subject to GST;
- ensure that the provisions relating to rights granted for life between
2 December 1998 and 1 July 2000 operate as intended;
- apply a special credit for certain alcoholic beverages held at 1 July 2000
that are not covered by the WET; and
- allow for a credit for certain petroleum products held at 1 July 2000;
A New Tax System (Commonwealth-State Financial Arrangements) Act 1999
to ensure that the calculation of GST revenue to be distributed to the
States and Territories will include any general interest charge relating
to GST and to ensure that any effect that the WET and LCT laws may have
on GST revenue will not be included in the calculation;
A New Tax System (Australian Business Number) Act 1999 to ensure
that overseas businesses that are required to register for GST purposes
are able to obtain an ABN;
Consular Privileges and Immunities Act 1972, the Diplomatic
Privileges and Immunities Act 1967, the International Organisations
(Privileges and Immunities) Act 1963 and the Overseas Missions
(Privileges and Immunities) Act 1995 to:
- ensure that Australia continues to meet its obligations in respect
of taxation concessions for goods imported by diplomatic missions, consular
posts, overseas missions, international organisations and their officials;
- provide for an indirect tax concession scheme for these bodies to
allow Australia to provide taxation concessions for local purchases
on a reciprocal basis; and
- make it clear that international organisations in Australia will not
be able to register for GST purposes;
and makes consequential amendments to two Acts.
The Committee has no comment on this bill.
Customs Amendment (Anti-Radioactive Waste Storage Dump) Bill 1999
This bill was introduced into the Senate on 20 October 1999 by Senator
Brown as a Private Senator's bill.
The bill proposes to amend the Customs Act 1901 to prohibit the
importation of nuclear waste for disposal in Australia.
The Committee has no comment on this bill.
Customs Tariff Amendment (Tradex) Bill 1999 [No. 2]
This bill was introduced into the House of Representatives on 21 October
1999 by the Parliamentary Secretary to the Minister for Industry, Science
and Resources. [Portfolio responsibility: Justice and Customs]
One of a package of five bills to implement the Tradex Scheme, this bill
proposes to amend the Customs Tariff Act 1995 to allow the importation,
without the payment of customs duty, of goods included in a tradex order,
where those goods are imported by the holder of the order.
The Committee has no comment on this bill.
Defence (Re-establishment) Amendment Bill 1999
This bill was introduced into the House of Representatives on 18 October
1999 by Mr Beazley as a Private Member's bill.
The bill proposes to amend the Defence (Re-establishment) Act 1965
to:
- establish an Office of Reserve Forces with a range of specified functions;
- clarify coverage for Australian Defence Force overseas peace-enforcement,
peacekeeping and humanitarian relief operations;
- increase penalties;
- clarify procedures for members and a member's employer; and
- prohibit an employer from taking adverse action against a person who
acts to enforce a protection afforded to them under the Act.
The Committee has no comment on this bill.
New Business Tax System (Capital Allowances) Bill 1999
This bill was introduced into the House of Representatives on 21 October
1999 by the Treasurer. [Portfolio responsibility: Treasury]
One of a package of bills to implement the New Business Tax System,
this bill proposes to amend the following Acts:
Income Tax Assessment Act 1997 to:
- remove plant and equipment from the CGT regime;
- include in assessable income the excess of disposal proceeds over
the cost base of the plant or equipment, indexed to 30 September
1999;
- remove the balancing charge offset for disposals of plant, other than
for small business taxpayers;
- provide for a balancing charge offset for involuntary disposals of
plant to replace the current CGT roll-over relief for such disposals;
- to provide a test to determine who is a small business taxpayer for
the purposes of working out eligibility for accelerated depreciation,
balancing adjustment offsets and immediate deductions for particular
advance business expenditure;
- allow depreciation deductions for the cost of an indefeasible right
to use capacity in an international telecommunications submarine cable
system (IRU) over the effective life of the submarine cable;
- treat the granting of an IRU as a disposal by the grantor of an ownership
interest;
- provide for rules allowing taxpayers, other than small business taxpayers,
to re-estimate the effective life of plant where market, technological
or other factors associated with the use of the plant have impacted
on the previous estimate of effective life; and
- make a consequential amendment; and
Income Tax Assessment Act 1997 and the Income Tax Assessment
Act 1936 to:
- remove accelerated depreciation of plant and equipment, other than
for small business taxpayers satisfying certain conditions; and
- where accelerated depreciation is removed, replace it with a system
under which depreciation rates are determined by reference to the effective
life of the plant or equipment.
Legislation by press release
Schedule 1, item 11; Schedule 2 subitem 23(1); Schedule 3, item 14;
Schedule 4, item 12 and Schedule 5, item 6
Most of the provisions of this bill are to apply from 21 September 1999
this being the date of a press release issued by the Treasurer.
While the Committee's practice is to draw attention to examples of legislation
by press release, on this occasion the time that has elapsed between the
date of the announcement and the introduction of a bill to give effect
to that announcement is commendably short.
In these circumstances, the Committee makes no further comment on
these provisions.
Retrospective application
Schedule 2, items 17 and 18
Items 17 and 18 of Schedule 2 to this bill are to apply retrospectively
from 27 February 1998. However, the Explanatory Memorandum points
out that the amendments proposed by these items are consequential on Royal
Assent to the Taxation Laws Amendment Bill (No 5) 1999. The Committee
previously reported on restrospectivity in that bill in its Tenth Report
of 1999.
In these circumstances, the Committee makes no further comment on
these provisions.
New Business Tax System (Former Subsidiary Tax Imposition) Bill 1999
This bill was introduced into the House of Representatives on 21 October
1999 by the Treasurer. [Portfolio responsibility: Treasury]
One of a package of bills to implement the New Business Tax System,
this bill proposes to impose a tax on certain members of a wholly-owned
company group.
The Committee has no comment on this bill.
New Business Tax System (Income Tax Rates) Bill (No. 1) 1999
This bill was introduced into the House of Representatives on 21 October
1999 by the Treasurer. [Portfolio responsibility: Treasury]
One of a package of bills to implement the New Business Tax System,
this bill proposes to reduce the company tax rate:
- from 36 per cent to 34 per cent for 2000-2001; and
- from 34 per cent to 30 per cent for 2001-2002 and subsequent years.
The Committee has no comment on this bill.
New Business Tax System (Integrity and Other Measures) Bill 1999
This bill was introduced into the House of Representatives on 21 October
1999 by the Treasurer. [Portfolio responsibility: Treasury]
One of a package of bills to implement the New Business Tax System,
this bill proposes to amend the following Acts:
Income Tax Assessment Act 1997 and the Income Tax (Transitional
Provisions) Act 1997 to:
- include an amount in the assessable income of a taxpayer that disposes
of an interest in leased plant or a lease of plant;
- trigger a balancing charge for 100% subsidiaries of wholly-owned groups;
and
- where the balancing charge is triggered, make the subsidiary and all
the companies that were members of the group immediately before the
time the subsidiary was transferred, jointly and severally liable if
the subsidiary does not pay tax arising from the balancing charge within
six months of the due date for payment;
Income Tax Assessment Act 1997 and the Income Tax Assessment
Act 1936 to:
- deal with CGT value shifting that occurs where, broadly, a debt owed
by one commonly owned company to another is forgiven; and
- remove deduction limits on exploration and prospecting expenditure
and allowable capital expenditure on mine development;
Income Tax Assessment Act 1997 to:
- defer recognition of capital losses or deductions which would otherwise
be realised in certain circumstances;
- remedy defects in the continuity of ownership test, currently applying
to tax losses, net capital losses and bad debts of a company, and proposed
to apply to companies with unrealised net losses;
- limit the extent of unrealised loss duplication by applying the same
business test to company losses where there has been a substantial change
in a company's ownership or control,
- prevent indexation of the cost base of CGT assets acquired after the
start time and freezes the indexation amount of the cost base of CGT
assets acquired at or before the start time and disposed of after that
time; and
- provide a CGT discount to individuals, complying superannuation entities
and trusts;
Income Tax Assessment Act 1997, the Income Tax (Transitional
Provisions) Act 1997, the Income Tax Assessment Act 1936 and
the Financial Corporations (Transfers of Assets and Liabilities) Act
1993 to prevent the duplication of a tax loss or a net capital loss
which has been transferred between wholly-owned group companies in certain
circumstances; and
Income Tax Assessment Act 1936 to remove the 13 month rule
(which allows immediate deductions of prepayments for things to be done
within 13 months) and spread the deduction over the period the prepayment
occurs.
Legislation by press release
Subclause 2(2) and Schedule 5; Schedule 1, item 18 and Schedule 2,
item 5
Some of the amendments proposed by this bill are to commence on 22 February
1999, or will apply from that date. The Explanatory Memorandum notes that
this date was chosen because it was the date of the Treasurer's Review
of Business Taxation Press Release No 4. The Explanatory Memorandum goes
on to note that this was followed by a subsequent press release
No 58 of 21 September 1999.
The Committee has consistently drawn attention to the Senate Resolution
of 8 November 1988, which deals with tax legislation and which provides
that:
where the Government has announced, by press release, its intention to
introduce a Bill to amend taxation law, and that Bill has not been introduced
into the Parliament or made available by way of publication of a draft
Bill within 6 calendar months after the date of that announcement, the
Senate shall, subject to any further resolution, amend the bill to provide
that the commencement date of the Bill shall be a date that is no earlier
than either the date of introduction of the Bill into the Parliament or
the date of publication of the draft Bill.
This bill has been introduced more than 6 months after the date of the
Treasurer's press release. The Committee, therefore, seeks the Treasurer's
advice as to the time taken in introducing this bill, and as to the
effect of the Senate resolution on the proposed commencement date of the
bill.
Pending the Treasurer's advice, the Committee draws Senators' attention
to this provision, as it may be considered to trespass unduly on personal
rights and liberties in breach of principle 1(a)(i) of the Committee's
terms of reference.
Legislation by press release
Schedule 6, item 16; Schedule 7, Part 3; Schedule 8, item 10 and Schedule
9, items 14, 21, 30 and 32.
Many of the remaining amendments proposed by the bill are to commence
on 21 September 1999. As noted above, this date has been chosen as it
is the date of a second media release issued by the Treasurer. While it
is the Committee's practice to draw attention to instances of legislation
by press release, these provisions have been introduced well within the
6 month period required by the Senate Resolution of 8 November 1988.
In these circumstances, the Committee makes no further comment on
these provisions.